The Prosecutor of the International Criminal Tribunal for the former Yugoslavia,
pursuant to her authority under Article 18 of the Statute of the Tribunal, charges:

Rahim ADEMI

with CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMS
OF WAR, as set forth below:

THE ACCUSED

RAHIM ADEMI

1. Rahim ADEMI was born in Karac, Vucitrn, Kosovo on 30 January 1954.
He graduated from a Military Academy of the Yugoslav National Army (JNA) in 1976.

2. Rahim ADEMI served in the Ministry of the Interior (MUP) in Croatia
from 1991.

3. On 5 December 1992, he was appointed the Chief of Staff of the Gospic
(Lika) Military District under the Command of Brigadier Izidor CESNAJ.

4. In 1993, Brigadier CESNAJ was Commander of the Gospic Military
District. In April or May of 1993, following Brigadier CESNAJ being placed
on sick leave, Rahim ADEMI was appointed Acting Commander, which command
he held throughout the Medak Pocket military operation, which occurred from 9
September 1993 to on or about 17 September 1993.

5. On 23 September 1995, Rahim ADEMI was promoted to the rank of
Major General. He was appointed to his current position of Assistant to the Chief
of the HV Inspectorate on 11 February 1999.

INDIVIDUAL CRIMINAL RESPONSIBILITY

6. Rahim ADEMI, at all times relevant to this indictment, held the
position of Acting Commander of the Gospic Military District with the rank of
Brigadier. As Acting Commander, RahimADEMI was the senior HV officer
in the area and was empowered to issue orders, and to give supplementing instructions
to ensure implementation of such orders, to Croatian forces under his operational
control. His responsibilities included planning, directing and monitoring the
activities of all subordinate formations within the Gospic Military District.

7. Rahim ADEMI, by virtue of his high ranking position as a Brigadier
in the HV and Acting Commander of the Gospic Military District, played a central
role in the developing, planning, ordering and/or the execution of the Croatian
military operation in the Medak Pocket resulting in the commission of serious
violations of international humanitarian law, including the persecution and killings
of Serb civilians and surrendered soldiers, and the plunder and destruction of
Serb civilian buildings and property, in the Medak Pocket, as described in this
indictment.

8. Rahim ADEMI, by virtue of his high ranking position, had the power,
authority and responsibility to prevent or punish the serious violations of international
humanitarian law committed during the Croatian military operation in the Medak
Pocket. At all times, he not only had reason to know that various subordinates
under his operational control were involved in the persecution and killings of
Serb civilians and surrendered soldiers, and the plunder and destruction of Serb
civilian buildings and property in the Medak Pocket, but he in fact knew of such
acts, having been informed by representatives of international organisations
and others. Rahim ADEMI failed to take necessary and reasonable measures
to prevent such acts, or to punish the perpetrators thereof.

GENERAL ALLEGATIONS

9. At all times relevant to this indictment, a state of armed conflict existed
in the Krajina region of the Republic of Croatia, as described in this indictment.

10. At all times relevant to this indictment, the accused Rahim ADEMI was
required to abide by the laws and customs governing the conduct of war, including
Common Article 3 of the Geneva Conventions of 1949.

11. These alleged acts of omissions, constituting Crimes against Humanity,
which are crimes punishable under Article 5 of the Statute of the Tribunal, were
part of a widespread or systematic attack directed against a civilian population,
specifically the civilian population of the Medak Pocket.

12. In this indictment, every reference to the Croatian forces means and
includes the armed forces of the Republic of Croatia, including the HV and all
units of the MUP including the Special Police.

13. Rahim ADEMI is individually responsible for the crimes charged
against him in this indictment pursuant to Article 7(1) of the Statute of the
Tribunal. Individual criminal responsibility includes planning, instigating,
ordering, committing or otherwise aiding and abetting in the planning, preparation
or execution of any acts or omissions set forth in this indictment.

14. Rahim ADEMI is also, or alternatively, criminally responsible
as a superior for the acts of his subordinates pursuant to Article 7(3) of the
Statute of the Tribunal. A superior is criminally responsible for the acts of
his subordinates, if the superior knew or had reason to know that his subordinates
were about to commit such acts, or had done so, and the superior failed to take
necessary and reasonable measures to prevent such acts, or to punish the perpetrators
thereof.

15. The general allegations contained in paragraphs 9 to 14 are re-alleged
and incorporated into each of the related charges which are set out below.

CHARGES

COUNT 1
(PERSECUTIONS)

16. Before and during the Croatian military operation in the Medak Pocket,
from 9 September 1993 to on or about 17 September 1993, Rahim ADEMI acting
individually and/or in concert with others, planned, instigated, ordered, committed
or otherwise aided and abetted in the planning, preparation or execution of persecutions
of Serb civilians of the Medak Pocket on racial, political or religious grounds.

b) cruel and inhumane treatment of Serb civilians from the Medak Pocket, including
causing serious injuries;

c) terrorising the predominantly Serb civilian population of the Medak Pocket,
including forcing the civilian population to abandon their homes and leave the
area permanently;

d) the destruction of personal property belonging to Serb civilians from the
Medak Pocket, including destruction of their homes, farms, household goods and
other equipment, the polluting of their wells and the killing of their farm
animals;

e) the plunder of the personal property belonging to Serb civilians from the
Medak Pocket.

18. Alternatively, Rahim ADEMI knew or had reason to know that Croatian
forces under his command, direction and/or control, or subordinated to him, were
committing the acts described in paragraph 17 above, or had done so. Rahim
ADEMI failed to take necessary and reasonable measures to prevent the commission
of such acts or punish the perpetrators thereof.

By these acts and omissions, Rahim ADEMI, did commit:

Count 1: a CRIME AGAINST HUMANITY, being Persecutions on political,
racial or religious grounds, which is punishable under Article 5 (h) read with
Articles 7(1) and 7(3) of the Statute of the Tribunal.

COUNTS 2 & 3
(MURDER)

19. Rahim ADEMI knew or had reason to know that Croatian forces under
his command, direction and/or control, or subordinated to him, between 9 September
1993 and about 17 September 1993, were engaged in the unlawful killing of Serb
civilians living in the Medak Pocket and Serb soldiers who were captured and/or
wounded, or had done so. Rahim ADEMI failed to take necessary and reasonable
measures to prevent the commission of such acts or punish the perpetrators thereof.

By these acts and omissions, Rahim ADEMI, did commit:

Count 2:a CRIME AGAINST HUMANITY, being Murder,which is punishable under Article 5 (a) read with Article 7(3) of the Statute
of the Tribunal.

Count 3: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, being
Murder, as recognised by Common Article 3(1)(a) of the Geneva Convention of 1949,
which is punishable under Articles 3 read with Article 7(3) of the Statute of
the Tribunal.

COUNT 4
(PLUNDER OF PROPERTY)

20. From 9 September 1993 to on or about 17 September 1993, the property
of Serb civilians living in the Medak Pocket property was plundered. Rahim
ADEMI acting individually and/or in concert with others, planned, instigated,
ordered, committed or otherwise aided and abetted in the planning, preparation
or execution of the plunder of property of Serb civilians of the Medak Pocket.

21. Alternatively, Rahim ADEMI knew or had reason to know that Croatian
forces under his command, direction and/or control, or subordinated to him, were
committing the acts described in paragraph 20 above, or had done so. Rahim
ADEMI failed to take necessary and reasonable measures to prevent the commission
of such acts or punish the perpetrators thereof.

By these acts and omissions, Rahim ADEMI, didcommit:

Count 4: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, being
Plunder of public or private property, which is punishable under Article 3(e)
read with Articles 7(1) and 7(3) of the Statute of the Tribunal.

COUNT 5
(WANTON DESTRUCTION OF CITIES, TOWNS OR VILLAGES)

22. From 9 September 1993 to on or about 17 September 1993, most Serb villages
of the Medak Pocket were destroyed. Rahim ADEMI,acting individually
and/or in concert with others, planned, instigated, ordered, committed or otherwise
aided and abetted in the planning, preparation or execution of the destruction
of property of Serb civilians of the Medak Pocket.

23. Alternatively, Rahim ADEMI knew or had reason to know that Croatian
forces under his command, direction and/or control, or subordinated to him, were
committing the acts described in paragraph 22 above, or had done so. Rahim
ADEMI failed to take necessary and reasonable measures to prevent the commission
of such acts or punish the perpetrators thereof.

By these acts and omissions, Rahim ADEMI, did commit:

Count 5: Wanton destruction of cities, towns or villages, a VIOLATION
OF THE LAWS OR CUSTOMS OF WAR, punishable under Article 3(b) read with Articles
7(1) and 7(3) of the Statute of the Tribunal.

ADDITIONAL FACTS

24. The area hereinafter referred to as the Medak Pocket is approximately
four to five kilometers wide and five to six kilometers long and consisted of
the localities of Divoselo, Citluk and part of Pocitelj and numerous small hamlets.
It was situated within the self-proclaimed Republika Srpska Krajina (the Republic
of Serbian Krajina, hereinafter referred to as the RSK) to the south of the city
of Gospic in the Republic of Croatia. It was a rural area with a combination
of forest and open fields. Prior to the attack, approximately 400 Serb civilians
inhabited the area.

25. Following multi-party elections in Croatia in 1990, on 25 June 1991,
Croatia declared its independence. For some time prior to that, an armed conflict
had erupted between Croatian Serbs and Croatian forces. In September 1991, the
Croatian Government stated that the Croatian Serbs and the JNA controlled about
one-third of the territory of Croatia.

26. On 19 December 1991, the Assembly of the Serbian Autonomous Region of
Krajina, together with Serbs from other parts of Croatia, officially declared
independence from Croatia and formed the RSK, with its own military force, the
Srpska Vojska Krajina(the Serbian Army of Krajina or SVK).

27. In February 1992, following the Vance Plan, the United Nations Security
Council established under its authority a United Nations Protection Force (UNPROFOR)
that was to be deployed in United Nations Protected Areas (UNPAs) in Croatia.
The UNPAs were areas in Croatia where Serbs constituted the majority or a substantial
minority of the population and where inter-communal tensions had led to armed
conflict in the recent past. There were four UNPAs, Sectors North, South, East
and West. The Serb-held or disputed territories in Croatia that were outside
the UNPAs were generally referred to as "pink zones". The Medak Pocket
was situated in such a "pink zone", close to Sector South.

28. The Croatian forces launched several military operations against the
RSK in 1992 and 1993. These operations were launched by Croatian forces into
the UNPAs or adjacent "pink zones" at the Miljevacki Plateau in June
1992, the area of the Maslenica bridge in northern Dalmatia in January 1993 and
the Medak Pocket in September 1993.

29. The Croatian attack on the Medak Pocket commenced with shelling of the
area in the early morning of 9 September 1993. At approximately 0600 hours, Croatian
forces comprising HV units from the Gospic Operational Zone, including the 9th
Guards Brigade and the 118th Home Guard Regiment, and Special Police
Units of the MUP, entered the Pocket. After approximately two days of fighting,
they had taken control of Divoselo, Citluk and part of Pocitelj, after which
the Croatian advance halted.

30. At this time, the Acting Commander of the Gospic Military District was
Brigadier Rahim ADEMI.

31. Following the intervention of international representatives, negotiations
at a political and military level between the Croatian and RSK authorities were
initiated shortly after the attack, with the objective of achieving a cessation
of hostilities and a Croatian withdrawal from the areas captured during the operation.

32. As a result of such negotiations, an agreement was signed on 15 September
1993 by General Mile Novakovic, on behalf of the Serbian side and Major-General
Petar Stipetic, on behalf of the Croatian side.

33. Under the terms of this agreement, a ceasefire was to take effect at
1200 hours on 15 September 1993 and the Croatian forces were to "leave the
territory entered on 9 September 93", leaving the Medak Pocket under UNPROFOR
control. The Croatian withdrawal from the Medak Pocket was completed at 1800
hours on 17 September 1993.

34. During the Croatian military operation in the Medak Pocket at least
38 local Serb civilians were unlawfully killed and others sustained serious injury.
Many of the killed and wounded civilians were women and elderly people. Croatian
forces also killed at least two Serb soldiers who had been captured and/or wounded.
Details of some of the killed - 21 civilians and 2 soldiers - are contained in
the Schedule to the Indictment.

35. Approximately 164 homes and 148 barns and outbuildings, being a majority
of buildings in the villages within the Medak Pocket were destroyed, mostly by
fire and explosives, after the Croatian forces had taken effective control. A
substantial portion of this destruction took place between the cease-fire on
15 September 1993 and the completion of the Croatian withdrawal at 1800 hours
on 17 September 1993.

36. During the above period, property belonging to Serb civilians was plundered
by the Croatian forces or by persons in civilian clothes under the supervision
of the Croatian forces, for anything of value. These included personal belongings,
household goods, furniture, housing items, farm animals, farm machinery and other
equipment.

37. Serb-owned civilian property that was not subjected to plunder as described
above was burned or otherwise destroyed. Household goods and furniture were destroyed,
farm machinery were riddled with bullets, farm animals were killed and wells
were polluted.

38. As a result of these widespread and systematic unlawful acts during
the Croatian military operation, the Medak Pocket became totally uninhabitable.
The villages of the Pocket were completely destroyed, thereby depriving the Serbian
civilian population of their homes and livelihood.